BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 654


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          Date of Hearing:  April 29, 2015


               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT


                                   Ed Chau, Chair


          AB 654  
          (Brown) - As Amended April 22, 2015


          SUBJECT:  Redevelopment:  revenues from property tax override  
          rates


          SUMMARY:  Enacts provisions that would allow revenues from a  
          voter-approved property tax in support of a State Water Project  
          to be allocated to the city or county whose voters approved the  
          tax, in specified conditions.  Specifically, this bill:  


          1)Finds and declares all of the following:

             a)   The California Constitution limits property-based tax  
               levies, with exceptions to these limits only when a local  
               jurisdiction obtains the approval of its voting electorate  
               to use additional property-based tax levies for specific  
               purposes approved by the voting electorate, in accordance  
               with applicable constitutional and statutory provisions.

             b)   With the enactment of AB 26 X1 (Blumenfield), Chapter 5,  
               Statutes of 2011-12 First Extraordinary Session, the  
               Legislature intended that, upon dissolution of  
               redevelopment agency (RDAs) in the State of California,  
               property taxes that would have been allocated to RDAs are  
               no longer deemed tax increment.  









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             c)   It is the intent of the Legislature in enacting this act  
               to do all of the following:

               i)     If an RDA had previously pledged revenues derived  
                 from the imposition of a property tax rate, approved by  
                 the voters of a city, county, or city and county to make  
                 payments in support of a State Water Project and levied  
                 in addition to the property tax rate limited by the  
                 California Constitution, to pay a portion of the debt  
                 service due on indebtedness incurred by the former RDA on  
                 an approved Recognized Obligation Payment Schedule  
                 (ROPS), then the successor agency shall continue to  
                 pledge those revenues, in a commensurate rate going  
                 forward.  For example, if revenues derived from a State  
                 Water Project approved by the voters of a city, county,  
                 or city and county were pledged to pay up to 25% of the  
                 annual debt service for the indebtedness approved in a  
                 ROPS, the successor agency shall continue to pay up to  
                 25% of the annual debt service on the indebtedness until  
                 maturity.  Any and all excess pledged revenues derived  
                 from the State Water Project that are not necessary to  
                 pay the debt service on the indebtedness shall be  
                 allocated and paid to the city, county, or city and  
                 county whose voters approved the State Water Project  
                 property tax rate;

               ii)    Ensure that the use of revenues derived from the  
                 imposition of a property tax rate approved by the voters  
                 of a city, county, or city and county, to make payments  
                 in support of State Water Projects and levied in addition  
                 to the property tax rate limited by the California  
                 Constitution, is consistent with the use approved by the  
                 voters of a city, county, or city and county, once  
                 revenues from such property tax rates are not needed to  
                 pay approved indebtedness of a former RDA;

               iii)   Implement the allocation and distribution of  
                 voter-approved, property-based tax revenues for State  
                 Water Projects under the RDA dissolution process in a  








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                 manner that would have been consistent with the  
                 allocation and distribution of those revenues had RDAs  
                 not been dissolved, in accordance with applicable  
                 constitutional provisions; and,

               iv)    It is the intent of the Legislature that this act  
                 not affect any property tax allocations that occurred  
                 prior to an unspecified date.

          2)Requires the county auditor-controller, prior to allocating  
            moneys in each Redevelopment Property Tax Trust Fund (RPTTF)  
            pursuant to the specified formula in existing law, to  
            additionally deduct the revenues allocated as follows:

             a)   On January 2, 2016, and each January 2 and June 1  
               thereafter, to a city or county that levies a property tax  
               rate, approved by the voters of a city or county to make  
               payments in support of a State Water Project and levied in  
               addition to the property tax rate limited by the California  
               Constitution, an amount of property tax revenues equal to  
               the amount of revenues derived from the imposition of that  
               tax rate that were allocated to the RPTTF for that fiscal  
               period.  Provides that this paragraph shall not apply to  
               the extent that revenues derived from the imposition of a  
               property tax rate are not deposited into a  RPTTF as  
               provided by 3) through 6) below.

          3)Allows a city or county that levies a property tax rate,  
            approved by the voters of a city or county to make payments in  
            support of a State Water Project and levied in addition to the  
            property tax rate limited by the California Constitution, to  
            make a request to an oversight board to prohibit revenues  
            derived from the imposition of that property tax rate from  
            being deposited into an RPTTF.

          4)Provides, based on substantial evidence that a former RDA made  
            a pledge of revenues that specifically included revenues  
            derived from the imposition of a property tax rate, approved  
            by the voters of a city or county to make payments in support  








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            of a State Water Project and levied in addition to the  
            property tax rate limited by the California Constitution, that  
            an oversight board may deny a request pursuant to 3), above,  
            in an amount not to exceed the amount of revenues pledged by  
            the former RDA.

          5)Provides, notwithstanding any other law, for the 2015-16  
            fiscal year and each fiscal year thereafter, except to the  
            extent an oversight board denies a request as provided in 4),  
            above, that any revenues derived from the imposition of a  
            property tax rate, approved by the voters of a city or county  
            to make payments in support of a State Water Project and  
            levied in addition to the property tax rate limited by the  
            California Constitution, shall not be allocated to an RPTTF,  
            and shall instead, be allocated to, and when collected shall  
            be paid into, the fund of the city or county whose voters  
            approved the tax.

          6)Provides, notwithstanding any other law, all allocations of  
            revenues derived from the imposition of a property tax rate,  
            approved by the voters of a city or county to make payments in  
            support of a State Water Project and levied in addition to the  
            property tax rate limited by the California Constitution, made  
            by any county auditor-controller prior to July 1, 2015, shall  
            be deemed correct and shall not be affected by this bill.   
            Provides that a city, county, county auditor-controller,  
            successor agency, or affected taxing entity shall not be  
            subject to any claim for money, damages, or reallocated  
            revenues based on any allocation of such revenues prior to an  
            unspecified date.

          7)Provides that reimbursement to local agencies and school  
            districts shall be made, if the Commission on State Mandates  
            determines that this act contains costs mandated by the state.


          EXISTING LAW:  










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          1)Dissolves RDAs and institutes a process for winding down their  
            activities.

          2)Defines "enforceable obligations."

          3)Requires successor agencies to make payments due on  
            enforceable obligations, as specified.

          4)Requires successor agencies to prepare a ROPS, before each  
            six-month fiscal period, in accordance with specified  
            requirements, and requires the schedule to identify one or  
            more 
          of the following sources of payment:

             a)   Low- and Moderate-Income Housing Fund;

             b)   Bond proceeds;

             c)   Reserve balances;

             d)   Administrative cost allowance;

             e)   The RPTTF, as specified; and,

             f)   Other revenue sources, including rents, concessions,  
               asset sale proceeds, interest earnings, and any other  
               revenues derived from the former redevelopment agency, as  
               approved by the oversight board.

          5)Requires each successor agency to have an oversight board of  
            seven members to approve certain actions of the successor  
            agency.

          6)Requires the Department of Finance (DOF) to review the actions  
            of an oversight board.

          7)Requires DOF to issue a finding of completion to the successor  
            agency, within five business days, once the following  
            conditions have been met and verified:








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             a)   The successor agency has paid the full amount as  
               determined during the due diligence reviews and the county  
               auditor-controller has reported those payments to DOF; 

             b)   The successor agency has paid the full amount as  
               determined during the July True-up process; or,

             c)   The successor agency has paid the full amount upon a  
               final judicial determination of the amounts due and  
               confirmation that those amounts have been paid by the  
               county auditor-controller.

          8)Allows the successor agency, upon receiving the finding of  
            completion, to:

             a)   Retain dissolved RDA assets;

             b)   Place loan agreements between the former RDA and  
               sponsoring entity on the ROPS, as an enforceable  
               obligation, provided the oversight board makes a finding  
               that the loan was for legitimate redevelopment purposes;  
               and,

             c)   Utilize proceeds derived from bonds issued prior to  
               January 1, 2011, in a manner consistent with the original  
               bond covenants.

          9)Requires, after DOF issues a finding of completion, the  
            successor agency to prepare a long-range property management  
            plan that addresses the disposition and use of the real  
            properties of the former redevelopment agency, and requires  
            the report to be submitted to the oversight board and DOF for  
            approval no later than six months following the issuance to  
            the successor agency of the finding of completion.

          10)Limits property tax to 1% except for specific bonded debt,  
            pursuant to the California Constitution.









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          FISCAL EFFECT:  Unknown. 


          COMMENTS: 


           Background :  Under redevelopment law, RDAs created project areas  
          that captured incremental property tax growth within the project  
          areas.  RDAs collected the increase in property tax that would  
          otherwise have gone to cities, counties, special districts, and  
          schools. To alleviate the fiscal burden of redevelopment, RDAs  
          entered into pass through payments with other local taxing  
          entities out of tax increment it collected.  Under RDA  
          dissolution, RDAs no longer pass on the tax increment growth to  
          pay pass through agreements.   This is because property tax  
          increment is no longer allocated to RDAs.  Instead, a county  
          auditor-controller deposits former RDA property tax increment,  
          including tax increment into a trust fund.  After deducting a  
          share of the tax increment for its administrative cost, the  
          auditor-controller uses the revenues deposited into the trust  
          fund to pay the following 1) pass through payments, 2)  
          enforceable obligations of the RDA, and 3) successor agencies  
          administrative costs.  Remaining revenues are then distributed  
          to the other local governments whose jurisdiction overlaps with  
          the former RDA based on each local government's share of the 1%  
          property tax.  

          In the 1960s, the voters of San Bernardino County approved a tax  
          increase to fund State Water Projects in the county.  After the  
          creation of redevelopment, the Valley Municipal Water District  
          (Valley District) entered into pass through agreements with the  
          RDAs to receive in some cases a portion and in other cases all  
          the property taxes they would have received pre-redevelopment.    




          According to the sponsor, Valley District had 23 negotiated  
          agreements with ten RDAs for project areas throughout its  








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          service area. Although Valley District is receiving a portion of  
          the payment, Valley District indicates that it is not receiving  
          its entire pass through payment and is entitled to an additional  
          $10 million which is being distributed by the San Bernardino  
          county-auditor to other taxing entities out of the residual  
          balance remaining after all the obligations of the RDA are paid.  



          This bill would authorize a city or county that levies a  
          property tax rate, approved by the voters of a city or county to  
          make payments in support of a State Water Project and levied in  
          addition to the general property tax rate, to make a request to  
          an oversight board to prohibit revenues derived from that  
          property tax rate from being deposited into a Redevelopment  
          Property Tax Fund.  This bill would authorize an oversight board  
          to deny this request based on substantial evidence that a former  
          RDA made a pledge of revenues that specifically included  
          revenues derived from the imposition of that property tax rate.   
          This bill, for the 2015-16 fiscal year and each fiscal year  
          thereafter, except to the extent an oversight board denies a  
          request, would prohibit any revenues derived from the imposition  
          of that property tax rate from being allocated to an RPTTF, and  
          would, instead, require these revenues to be allocated to, and  
          when collected to be paid into, the fund of the city or county  
          whose voters approved the tax. 


          This bill would require all allocations of revenues derived from  
          the imposition of that property tax rate made by any county  
          auditor-controller prior to an unspecified date to be deemed  
          correct, and would prohibit any city, county, county  
          auditor-controller, successor agency, or affected taxing entity  
          from being subject to any claim, as specified.  This bill would  
          require, to the extent that revenues derived from the imposition  
          of a property tax rate, approved by the voters of a city or  
          county to make payments in support of State Water Projects and  
          levied in addition to the general property tax rate,   are  
          deposited into an RPTTF, the county-auditor controller to  








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          allocate moneys from each RPTTF to a city or county that levies  
          a property tax as so described after certain other allocations  
          have been made.


           Purpose of this bill  :  According to the author, "AB 654 would  
          remedy the situation in which the revenues derived from the  
          voter-approved property tax overrides are being misallocated in  
          the course of the RDA dissolution process in the County of San  
          Bernardino.  Currently, the San Bernardino County  
          auditor-controller is allocating the residual balances from each  
          former RPTTF to taxing agencies based on each agency's share of  
          the 1% county general tax levy without taking into account any  
          specific debt service override tax including Valley District.   
          This results in Valley District debt service tax override  
          proceeds that are not needed for payment of approved former RDA  
          expenses to be allocated out to all taxing entities ignoring  
          that a certain portion of that residual balance was derived  
          directly from Valley District's tax override rate. 


           Staff comments  :  Committee staff is not clear how many State  
          Water Projects there are in the state that have pass through  
          agreements with former RDAs and could qualify for additional tax  
          revenues under this bill.  The sponsor has indicated that the  
          pass through agreements it had with RDAs in San Bernardino  
          County are unique.  The committee also may wish to consider that  
          by prioritizing Valley District and potentially other unknown  
          State Water Projects to receive more property taxes from a RPTTF  
          than is specified by their pass through agreements, other taxing  
          entities will not be receiving as much in residual receipts.  
          Those property taxes could go toward the city and county to pay  
          for services and in some cases cities have set up "boomerang  
          funds" to direct property taxes toward affordable housing  
          activities.   












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           Future amendments  :  The author needs to add a date by which a  
          county auditor-controller must deem as correct the allocation of  
          revenues derived from the imposition of the State Water Project  
          property tax rate. The author is aware this needs to be  
          addressed and plans to amend the bill to add the date July 1,  
          2015 in the next committee.    


          


           Double-referred  : This bill was double referred to the Committee  
          on Local Government, where it will be heard should it pass out  
          of this committee.  





          REGISTERED SUPPORT / OPPOSITION:




          Support


          San Bernardino Valley Municipal Water District (sponsor) 


          East Valley Water District 




          Opposition










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          None on file. 


          Analysis Prepared by:Lisa Engel / H. & C.D. / (916) 319-2085